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Development of the Juvenile Court. Urbanization Child savers Development of institutions and organizations for the care of delinquent and neglected children Houses of Refuge Juvenile reformatories. Houses of Refuge. Developed for dependent/neglected/destitute children

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development of the juvenile court
Development of the Juvenile Court
  • Urbanization
  • Child savers
  • Development of institutions and organizations for the care of delinquent and neglected children
    • Houses of Refuge
    • Juvenile reformatories
houses of refuge
Houses of Refuge
  • Developed for dependent/neglected/destitute children
  • Work for room and board, a form of slavery
  • Ex parte Crouse upheld them (1840s)
  • Mother committed daughter to house, father objected
  • Government can take custody
ex parte crouse
Ex parte Crouse
  • Children acknowledged as different from adults, due process not necessary
  • Supported Houses of Refuge
juvenile reformatories
Juvenile reformatories
  • Lyman School for Boys (1847), Mass.
  • Girls school in Mass, 1855
  • Included all types of problem children
  • Lyman school closed in 1971, reopened in the 1990s (see Jerome Miller, Last One Over the Wall)
other movements
Other movements
  • Children’s Aid Society, founded 1853
  • Rescue youths from harsh environments, placing-out plan, sent children to western farms
  • Orphan trains—families wishing to take in children would meet the train and select children
  • SPCC, prevention of abuse, removal and placement of abused children
juvenile court
Juvenile Court
  • First juvenile court: Chicago, 1899
  • Parens patriae: court was to act as a kindly parent, in loco parentis
  • Help children in all types of trouble
    • Dependent, neglected and abused (physical, sexual)
    • Delinquents (violated penal codes
juvenile court7
Juvenile court
  • Status offenders (acts against the family codes, forbidden because of status—age)
  • Status offenses
    • Running away
    • Truancy
    • Drinking
    • Curfew violations
juvenile court8
Juvenile court
  • Habitual disobedience, incorrigibility
  • Lack of morals (promiscuity)
  • Currently includes such designations as status offender, unruly child, PINS, MINS, CHINS, JINS
juvenile court9
Juvenile court
  • These courts were civil
  • Differences between civil and criminal courts
    • Lawyers
    • Punishment (criminal courts, not in juvenile court)
    • Standard of proof
    • Different standards of evidence
civil vs criminal
Civil vs. criminal
  • Civil: lawsuits, contracts, divorces
  • Mental health commitments as a parallel to the JJS
juvenile court11
Juvenile court
  • Medical model: figure out problem and find best cure
  • Informal nature: meeting with judge, probation officer, guardian and professionals
  • Decisions were to help the child, standards of due process not necessary
juvenile courts
Juvenile courts
  • By 1925, juvenile courts were nationwide
  • Network of courts, probation and reform schools established (probation disposition of choice)
  • Little distinction between various groups of juveniles—it was all “help”
  • Although supposedly help, reformatories were often punitive
  • A very strong class bias
juvenile courts14
Juvenile courts
  • Delinquents mixed with status offenders and dependent/neglected (problems)
  • Although designed for treatment, this treatment tended to be absent.
  • Juvenile justice hit a low during the Great Depression, as conditions were very bad institutions (“era of shame”)
juvenile courts15
Juvenile courts
  • During the 1930s, first major studies of delinquency were conducted (Gluecks)
  • By 1960s, serious objections to the juvenile justice system
  • Courts could do anything they wanted under parens patriae
  • Complete discretion
juvenile courts16
Juvenile courts
  • Number of youths referred began to rise dramatically, with the rise in births
  • Overuse of institutionalization
  • Significant increase in the study of delinquency, especially gangs
  • Little legal protection
  • Horror stories about institutions (Weeping in the Playtime of Others, Wooden)
1960s and 1970s
1960s and 1970s
  • Major movements
    • Due process
    • De-institutionalization
    • Diversion
    • Separation of status offenders and delinquents
    • Massachusetts and deinstitutionalization
1960s and 1970s18
1960s and 1970s
  • Major Supreme Court cases
  • Establishment of limited due process in the juvenile justice system
  • Compromise between criminal and civil system
  • More referral to DFS
juvenile justice delinquency prevention act of 1974
Juvenile Justice & Delinquency Prevention Act of 1974
  • Deinstitutionalization of status offenders, dependent/neglected
  • Separation from adults in institutions
  • Separate detention facilities for juveniles
  • Disproportionate minority confinement
punitive era 1980s
Punitive era, 1980s
  • Perception that juveniles becoming more dangerous
  • More gun use & lethal violence
  • Changing view of mens rea for juveniles
  • More due process, adult model of corrections
  • Transfer of juveniles to adult court
balanced juvenile justice and crime prevention act of 1996
Balanced Juvenile Justice and Crime Prevention Act of 1996
  • See p. 39
  • Balance between punishment and treatment
punitive vs rehabilitative model
Punitive vs. Rehabilitative model
  • Mens rea: free will and intent
  • Are juveniles less developed?
  • Free will vs. environmental causes (free will would imply punitiveness, environment would imply treatment)
  • Protection of society (punitive) vs. protection of juvenile (rehab)
punitive vs rehabilitative
Punitive vs. Rehabilitative
  • Punitive: need for due process in order to ensure fairness, Rehabilitative: no need for cumbersome procedures
  • Role of discretion: punitive model would limit it, rehabilitative would expand it
  • Role of records
  • Punishment vs. changing behavior
the present system
The present system
  • Measurement of delinquency
    • UCR and other official statistics such as police and court records
    • Part I and Part II. Three status offenses (runaway, truancy and curfew violations)
    • Victimization surveys
    • Self-report studies
  • Only those acts reported—many delinquent acts handled informally, especially status offenses
  • Many other options aside from the system
  • Sealing of records
  • 2.3 million arrests of juveniles
  • 16% of all arrests
  • 30% of Part I crimes
  • 70 million juveniles, about 23%, of the population is under 18, and
    • Accounts for 15% of violent crime
    • 25% of property crime arrests
decline in violent crime
Decline in violent crime
  • 1980s and early 1990s, increase in juvenile crime
  • “superpredators”
  • Not substantiated, juvenile crime has been decreasing
  • Greater decreases than for adults
  • 1300 homicides, about 8%
ucr 2006
UCR 2006
  • 1.5 million arrests for Part II offense
  • 114,200 running away from home (60% female, decreasing)
  • 207,700 disorderly conduct, increasing
  • 196,700 drug abuse violations (increasing)
  • 152,900 curfew violations
other violations
Other violations
  • Larceny 278,100
  • Aggravated assaults 60,700
  • Simple assaults (249,400)
  • Burglary 83,900
  • Motor vehicle 34,600
  • Weapons 47,200
  • DWI 20,100
  • Drunkenness 16,000
  • Vandalism 117,500
  • Prostitution 1600
  • Sex offenses 15,900
  • Rape 3610
  • Property crime peaks at age 16
  • Violent crime peaks at 18
  • Crime rates decline after these peak years
  • Arrests for juvenile violent crime began to increase in 1989, peaked in 1994, and then fell
  • Property offense remained more stable, but have also showed recent decline
  • Juvenile murder rates more than doubled between the early 1980s and their peak in 1993; they have declined but remain higher than earlier levels
self reports
  • Interviews or anonymous questionnaires
  • If truancy, alcohol consumption, theft, etc., are included, delinquency is almost universal
  • Most people admit to something for which they could have gone to juvenile court
self report
Self report
  • 50% admit to truancy
  • 1/3 defying parents
  • ½ to drinking
  • 10% to running away
  • 25% to shop lifting
  • 30% to destroying property
  • 1/3 to B & E
  • 10% to joyriding
self report35
  • It is estimated that 90% of status offenses are undetected
self report36
  • Delinquency problem far greater than reflected in UCR
  • Do not indicate that the delinquency rate is climbing
  • Problems with self-report
  • Validating against arrest statistics
  • Inclusion of many minor offenses
  • Exclusion of serious delinquents
juvenile victimization
Juvenile victimization
  • Types of victimization:
  • 1. abuse (sexual, physical, emotional educational)
  • 2. crime victimization (i.e., assaults, thefts)
  • 2.9 million cases of abuse investigated, 25% substantiated
juvenile victimization38
Juvenile victimization
  • Of those substantiated, 61% were neglect, 19% physical, sexual 10%
  • Female perpetrators
  • Infants most likely, then the rate is fairly constant, begins rapid decline after age 14
other victimization
Other victimization
  • Most common away from school or on the way to school
  • Juveniles tend to be victims of theft, at higher rates than adults
  • 14% of males in one study indicated that they had been attacked, robbed or bullied
correlates of delinquency
Correlates of delinquency
  • Gender
  • Race: disproportionately African American, 12.5% of the population, but 31% of all arrests and 36% of index crimes
  • Reasons?
other correlates
Other correlates
  • Social class
  • Age
  • Criminal careers
  • Juvenile victimization
reasons for increases in juvenile crime
Reasons for increases in juvenile crime
  • Educational standards
  • Teenage pregnancies, although now declining (drop in teenage marriages, rise in premarital sex, beginning at an earlier age, better health)
  • Increase in alcohol and drug use
  • Increased opportunity for crime
  • Unemployment among the young
reasons continued
Reasons (continued)
  • One parent homes
  • More mobility, less extended family
  • Standard of living issues
reasons for the decrease
Reasons for the decrease
  • More punitive measures?
  • Changing values? i.e., negative views of gangs, drugs, etc.
  • Community programs?
  • Regression to the mean?
  • Incapacitation, more beds for juveniles?
  • Aging population?